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File #: 18-1451    Name: Regulation of Nonmedical Cannabis
In control: County Counsel
On agenda: 12/4/2018 Final action: 12/4/2018
Enactment date: Enactment #: Ordinance No. 18-021
Title: 1. Consider and adopt Interim Ordinance pursuant to Government Code Section 65858 establishing a moratorium on the possession, planting, cultivation, harvesting, drying, processing of nonmedical cannabis outdoors on the grounds of a private residence, and the establishment or operation of businesses engaged in commercial nonmedical cannabis activity in all Zoning Districts of Fresno County based on changes in circumstances after adoption of the previous interim urgency ordinance. Adoption of the Initial Interim Ordinance is effective for a period of up to 45 days unless earlier terminated or extended (4/5 vote). 2. Determine that the adoption of the Interim Urgency Ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to sections 15061, subdivision (b)(3), and 15308 of the State CEQA Guidelines, and direct staff to file a Notice of Exemption with the Office of the Fresno County Clerk.
Attachments: 1. Agenda item, 2. Ordinance No. 18-021, 3. Summery of Proposed Ordinance, 4. Additional Information
DATE: December 4, 2018

TO: Board of Supervisors

SUBMITTED BY: Daniel C. Cederborg, County Counsel

SUBJECT: Regulation of Nonmedical Cannabis

RECOMMENDED ACTION(S):
TITLE
1. Consider and adopt Interim Ordinance pursuant to Government Code Section 65858 establishing a moratorium on the possession, planting, cultivation, harvesting, drying, processing of nonmedical cannabis outdoors on the grounds of a private residence, and the establishment or operation of businesses engaged in commercial nonmedical cannabis activity in all Zoning Districts of Fresno County based on changes in circumstances after adoption of the previous interim urgency ordinance. Adoption of the Initial Interim Ordinance is effective for a period of up to 45 days unless earlier terminated or extended (4/5 vote).

2. Determine that the adoption of the Interim Urgency Ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to sections 15061, subdivision (b)(3), and 15308 of the State CEQA Guidelines, and direct staff to file a Notice of Exemption with the Office of the Fresno County Clerk.
REPORT
Approval of the recommended actions would allow staff an opportunity to research and develop appropriate proposed regulations for the possession, planting, cultivation, harvesting, drying, or processing of cannabis, and the establishment or operation of businesses engaged in commercial nonmedical cannabis activity in all Zoning Districts of Fresno County.

ALTERNATIVE ACTION(S):

Determine that the specific findings cannot be made pursuant to Government Code Section 65858, and take no action on the recommended action.

FISCAL IMPACT:

There is no increase in Net County Cost associated with the recommended actions.

DISCUSSION:

In recent years, Fresno County has been confronted with threats to public health and safety resulting from the possession, cultivation, and sale of cannabis. The Board of Supervisors has received evidence from the Fresno County ...

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